The Maryland Toleration Act 1649

Introduction

The Maryland Toleration Act did not bring complete
religious freedom, as is so often assumed, and as a
reading of this document will quickly prove. Nor did
it come about because of a profound humanistic conviction
on the part of Lord Baltimore, the Maryland
proprietor. The act was a pragmatic solution to a
serious problem. The Catholics in originally Catholic
Maryland had become a minority of the population
although still power1ul politically. They were in great
danger of being ill-treated by the Protestant majority.
The Toleration Act, it was believed, was a way of
providing protection for Catholics while at the same
time representing a nod in the direction of the English
government, which in 1649 and for a dozen years
thereafter was firmly under the control of the English
Puritans.

Nonetheless, the document is important because
it did provide modest although impermanent protection
for Catholic Marylanders and set a precedent to
which others could refer. Despite Baltimore's Catholic
background and his desire to use Maryland as a
refuge for Catholics persecuted elsewhere, the Catholic
Church never became the established church. In
the eighteenth century this distinction was given to
the Church of England.

An Act Concerning Religion.

Forasmuch as in a well governed and Christian Common Weath
matters concerning Religion and the honor of God ought in
the first place to bee taken, into serious consideracion
and endeavoured to bee settled, Be it therefore ordered and
enacted by the Right Honourable Cecilius Lord Baron of
Baltemore absolute Lord and Proprietary of this Province
with the advise and consent of this Generall Assembly:

That whatsoever person or persons within this Province and
the Islands thereunto helonging shall from henceforth
blaspheme God, that is Curse him, or deny our Saviour Jesus
Christ to bee the sonne of God, or shall deny the holy
Trinity the father sonne and holy Ghost, or the Godhead of
any of the said Three persons of the Trinity or the Unity
of the Godhead, or shall use or utter any reproachfull
Speeches, words or language concerning the said Holy
Trinity, or any of the said three persons thereof, shalbe
punished with death and confiscation or forfeiture of all
his or her lands and goods to the Lord Proprietary and his
heires.

And bee it also Enacted by the Authority and with the
advise and assent aforesaid, That whatsoever person or
persons shall from henceforth use or utter any reproachfull
words or Speeches concerning the blessed Virgin Mary the
Mother of our Saviour or the holy Apostles or Evangelists
or any of them shall in such case for the first offence
forfeit to the said Lord Proprietary and his heirs Lords
and Proprietaries of this Province the summe of five pound
Sterling or the value thereof to be Levyed on the goods and
chattells of every such person soe offending, but in case
such Offender or Offenders, shall not then have goods and
chattells sufficient for the satisfyeing of such
forfeiture, or that the same bee not otherwise speedily
satisfyed that then such Offender or Offenders shalbe
publiquely whipt and bee imprisoned during the pleasure of
the Lord Proprietary or the Lieutenant or cheife Governor
of this Province for the time being. And that every such
Offender or Offenders for every second offence shall
forfeit tenne pound sterling or the value thereof to bee
levyed as aforesaid, or in case such offender or Offenders
shall not then have goods and chattells within this
Province sufficient for that purpose then to bee publiquely
and severely whipt and imprisoned as before is expressed.
And that every person or persons before mentioned offending
herein the third time, shall for such third Offence forfeit
all his lands and Goods and bee for ever banished and
expelled out of this Province.

And be it also further Enacted by the same authority advise
and assent that whatsoever person or persons shall from
henceforth uppon any occasion of Offence or otherwise in a
reproachful manner or Way declare call or denominate any
person or persons whatsoever inhabiting, residing,
traffiqueing, trading or comerceing within this Province or
within any the Ports, Harbors, Creeks or Havens to the same
belonging an heritick, Scismatick, Idolator, puritan,
Independant, Prespiterian popish prest, Jesuite, Jesuited
papist, Lutheran, Calvenist, Anabaptist, Brownist,
Antinomian, Barrowist, Roundhead, Separatist, or any other
name or terme in a reproachfull manner relating to matter
of Religion shall for every such Offence forfeit and loose
the somme of tenne shillings sterling or the value thereof
to bee levyed on the goods and chattells of every such
Offender and Offenders, the one half thereof to be
forfeited and paid unto the person and persons of whom such
reproachfull words are or shalbe spoken or uttered, and the
other half thereof to the Lord Proprietary and his heires
Lords and Proprietaries of this Province. But if such
person or persons who shall at any time utter or speake any
such reproachfull words or Language shall not have Goods or
Chattells sufficient and overt within this Province to bee
taken to satisfie the penalty aforesaid or that the same
bee not otherwise speedily satisfyed, that then the person
or persons soe offending shalbe publickly whipt, and shall
suffer imprisonment without baile or maineprise [bail]
untill hee, shee or they respectively shall satisfy the
party soe offended or greived by such reproachfull Language
by asking him or her respectively forgivenes publiquely for
such his Offence before the Magistrate of cheife Officer or
Officers of the Towne or place where such Offence shalbe
given.

And be it further likewise Enacted by the Authority and
consent aforesaid That every person and persons within this
Province that shall at any time hereafter prophane the
Sabbath or Lords day called Sunday by frequent swearing,
drunkennes or by any uncivill or disorderly recreacion, or
by working on that day when absolute necessity doth not
require it shall for every such first offence forfeit
2s 6d sterling or the value thereof, and for
the second offence 5s sterling or the value thereof,
and for the third offence and soe for every time he shall
offend in like manner afterwards 10s sterling or the
value thereof. And in case such offender and offenders
shall not have sufficient goods or chattells within this
Province to satisfy any of the said Penalties respectively
hereby imposed for prophaning the Sabbath or Lords day
called Sunday as aforesaid, That in Every such case the
partie soe offending shall for the first and second offence
in that kinde be imprisoned till hee or shee shall
publickly in open Court before the cheife Commander Judge
or Magistrate, of that County Towne or precinct where such
offence shalbe committed acknowledg the Scandall and
offence he hath in that respect given against God and the
good and civill Governement of this Province, And for the
third offence and for every time after shall also bee
publickly whipt.

And whereas the inforceing of the conscience in matters of
Religion hath frequently fallen out to be of dangerous
Consequence in those commonwealthes where it hath been
practised, And for the more quiett and peaceable
governement of this Province, and the better to preserve
mutuall Love and amity amongst the Inhabitants thereof, Be
it Therefore also by the Lord Proprietary with the advise
and consent of this Assembly Ordeyned and enacted (except
as in this present Act is before Declared and sett forth)
that noe person or persons whatsoever within this Province,
or the Islands, Ports, Harbors, Creekes, or havens
thereunto belonging professing to beleive in Jesus Christ,
shall from henceforth bee any waies troubled, Molested or
discountenanced for or in respect of his or her religion
nor in the free exercise thereof within this Province or
the Islands thereunto belonging nor any way compelled to
the beleife or exercise of any other Religion against his
or her consent, soe as they be not unfaithfull to the Lord
Proprietary, or molest or conspire against the civill
Governement established or to bee established in this
Province under him or his heires. And that all and every
person and persons that shall presume Contrary to this Act
and the true intent and meaning thereof directly or
indirectly either in person or estate willfully to wrong
disturbe trouble or molest any person whatsoever within
this Province professing to beleive in Jesus Christ for or
in respect of his or her religion or the free exercise
thereof within this Province other than is provided for in
this Act that such person or persons soe offending, shalbe
compelled to pay trebble damages to the party soe wronged
or molested, and for every such offence shall also forfeit
20s sterling in money or the value thereof, half
thereof for the use of the Lord Proprietary, and his heires
Lords and Proprietaries of this Province, and the other
half for the use of the party soe wronged or molested as
aforesaid, Or if the partie soe offending as aforesaid
shall refuse or bee unable to recompense the party soe
wronged, or to satisfy such fyne or forfeiture, then such
Offender shalbe severely punished by publick whipping and
imprisonment during the pleasure of the Lord Proprietary,
or his Lieutenant or cheife Governor of this Province for
the tyme being without baile or maineprise.

And bee it further alsoe Enacted by the authority and
consent aforesaid That the Sheriff or other Officer or
Officers from time to time to bee appointed and authorized
for that purpose, of the County Towne or precinct where
every particular offence in this present Act conteyned
shall happen at any time to bee committed and whereupon
there is hereby a forfeiture fyne or penalty imposed shall
from time to time distraine and seise the goods and estate
of every such person soe offending as aforesaid against
this present Act or any part thereof, and sell the same or
any part thereof for the full satisfaccion of such
forfeiture, fine, or penalty as aforesaid, Restoring unto
the partie soe offending the Remainder or overplus of the
said goods or estate after such satisfaccion soe made as
aforesaid.